President’s Message Karen Huestis CSA President If you have not yet heard the news, the Canadian Snowbird Association is very pleased to announce that we have been successful in our legal challenge against the Ontario government and their illegal termination of emergency out-of-country insurance coverage for Ontario residents. In a unanimous decision, the Ontario Divisional Court in Canadian Snowbird Association Inc v. Attorney General of Ontariostruck down part of Regulation 259, which terminated OHIP’s Out-of-Country Travellers Program (OOCTP). In that decision, the Court found that, under the Ontario Health Insurance Act, the lieutenant-governor in council does not have the legal authority to enact regulations which would revoke the OOCTP. On January 1, 2020, in an unprecedented move, the Ontario government proceeded with their plans to eliminate the Out-ofCountry Travellers Program, which provided reimbursement for Ontario residents who faced medical emergencies while travelling outside of the country. This policy change made Ontario the only jurisdiction in Canada to cut all emergency medical coverage for residents travelling abroad. The Court’s ruling reinstates this important coverage for travelling Ontarians, restoring reimbursement rates of $200 and $400 per day for emergency in-patient services and up to $50 per day for emergency outpatient services. While it is extremely important to obtain adequate travel medical insurance prior to all trips abroad, re-establishing coverage will lower insurance premiums, making travel more affordable, particularly for Ontario seniors. Under the OntarioHealth Insurance Act, the legislation which governs the Ontario Health Insurance Plan, corresponding regulations cannot include any provision which violates any of the five pillars of the Canada Health Act. One of the five pillars of the CHA is portability, which requires provincial and territorial health insurance plans to provide coverage for insured health services for residents who are temporarily absent from their home province or territory, or from Canada. If insured persons are temporarily absent in another province or territory, the portability criterion requires that insured services are to be paid at the province’s home rate. If insured persons are temporarily out of the country, insured services are to be paid at the home province’s rate. This coverage is not a government handout. Snowbirds in Ontario (and throughout Canada) continue to pay premiums to OHIP and to other provincial/territorial governments even when they are outside of Canada. There is no difference between snowbirds and taxpayers; snowbirds are taxpayers − taxpayers who have paid into the Canadian health-care system their entire lives. Why should their OHIP coverage be cancelled simply because they choose to winter in warmer climes for part of the year? The Ontario government’s termination of out-of-country coverage was not only illegal, it was unjust. Premier Doug Ford wanted to continue to collect OHIP premiums from snowbirds while simultaneously removing the coverage for which they themselves were paying. By increasing the cost of private insurance, the Ontario government was making it more expensive for travellers to be adequately covered for their trips abroad. If travel medical insurance premiums become prohibitive, this would prevent a significant number of snowbirds from being able to travel. In turn, it would place an even heavier burden on an already strained medical system in Ontario. If retired Ontarians choose not to travel, and they encounter a medical emergency, Ontario taxpayers will shoulder 100 per cent of the costs of medical services. If the same emergency were to occur outside of Canada, the Ontario government would only need to reimburse a small portion of overall health costs – approximately six per cent, according to the provincial government’s own figures. We spoke to the government on numerous occasions and repeatedly pointed out that, if their stated goal really was to save money, then cutting this programwould not achieve those savings. Frankly, they refused to listen. I suspect that they are listening now. After initially indicating that they would seek to overturn the decision of the Divisional Court, the Ontario government has now chosen not to launch an appeal. Hopefully, this will lead to an improved and productive relationship between the Ford government and our tens of thousands of Ontario members. While this is a clear victory for Ontario travellers, there is still much work to be done. The vast majority of provinces, including Ontario, still fail to meet the reimbursement threshold set by theCanada Health Act. The association will continue to lobby the provinces on this issue until they begin reimbursing out-ofcountry emergencies at in-province rates, as mandated by the Canada Health Act. On behalf of your board of directors, I would like to thank all of our members for their support of this critical legal action. The association received donations to our Special Action Fund from across Canada and, without your generosity, this win would not have been possible. This court ruling is not only a win for snowbirds in Ontario, it is a win for snowbirds across Canada as the decision will signal to other jurisdictions considering similar cuts that we will not back down. Whether you are travelling or remaining home this winter, please stay safe and Bill and I wish you a Merry Christmas and Happy Holidays. 12 | www.snowbirds.org
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